a statement as to speed and fuel consumption in a charter results in a warranty “rather than a representation, even though the statement is not expressly designated as a warranty”
How later courts described this case
- a statement as to speed and fuel consumption in a charter results in a warranty “rather than a representation, even though the statement is not expressly designated as a warranty”
- greater discretion in admiralty than in other branches of the law to award or deny prejudgment interest, but controlling factor is whether the claim is liquidated
- no maritime lien for commissions for securing charter party
Written by the judges who cited it.
The opinion
SCARLETT, District Judge.
There being no exceptions filed to the Special Commissioner’s report, but the parties affected being in Court and consenting:
It is ordered, decreed and adjudged that the report of the Commissioner be adopted and approved and made the order and finding of this Court, except that by consent of all parties judgment is rendered for the Caravan Shipping Corporation in the sum of Six Thousand Seven Hundred Fifty ($6,750) Dollars instead of the sum shown in the Commissioner’s report; in all other respects, the same being confirmed as rendered.
The Clerk of this Court will forthwith distribute the sums found for the parties to their respective attorneys of record, from
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the proceeds of sale of said vessel now on deposit in the registry of this Court.
After evidence heard, a reasonable fee is fixed for A. A. Lawrence, Esq., Special Commissioner, in the sum of One Thousand Two Hundred Fifty ($1,250.00) Dollars and One Hundred ($100) Dollars to said Commissioner for out-of-pocket expenses incurred by him in the preparation and mimeographing of his said report.